Bloomfield woman claims she was burned by cider in suit against Belleville Dunkin' Donuts

By Roman J. Uschak

Staff Writers |

Belleville Times

A Belleville Dunkin' Donuts is in hot water - or cider, rather - after being sued by a woman who claims to have been burned by one of the doughnut chain's beverages.

Essex County Superior Court in Newark.

Jennifer Fragoso, 24, of Bloomfield filed suit in Essex County Superior Court against both Dunkin' Donuts and Anju Donuts, owner-operator of the Belleville franchise at 368 Franklin Ave., where she claimed to have been burned by a cup of hot apple cider on Sept. 24, 2012.

According to the complaint, Fragoso was burned when the lid on the Styrofoam cup containing the drink dislodged, and "its excessively hot contents spilled" on her.

She allegedly suffered second and third-degree burns, leaving her permanently injured, disabled and disfigured.

The complaint claims that unbeknownst to Fragoso, the cider "had been heated beyond industry standards to the point where patrons could not safely consume it because it was not reasonably fit, suitable or safe for its intended purpose."

Reasons it was not safe, according to the document, include: the fact that "the temperature at which the cider was kept was outside the range of specifications, formula or standards of such consumer foods; and/or failed to have adequate warnings on instructions on the lid and container in which it was served; and/or it was created in a negligent matter by being heated beyond the temperature necessary to safely serve it."

The six-count complaint includes counts for negligence and liability. Fragoso is demanding a trial by jury.

Bloomfield woman claims she was burned by cider in suit against Belleville Dunkin' Donuts

A Belleville Dunkin' Donuts is in hot water - or cider, rather - after being sued by a woman who claims to have been burned by one of the doughnut chain's beverages.

Jennifer Fragoso, 24, of Bloomfield filed suit in Essex County Superior Court against both Dunkin' Donuts and Anju Donuts, owner-operator of the Belleville franchise at 368 Franklin Ave., where she claimed to have been burned by a cup of hot apple cider on Sept. 24, 2012.

According to the complaint, Fragoso was burned when the lid on the Styrofoam cup containing the drink dislodged, and "its excessively hot contents spilled" on her.

She allegedly suffered second and third-degree burns, leaving her permanently injured, disabled and disfigured.

The complaint claims that unbeknownst to Fragoso, the cider "had been heated beyond industry standards to the point where patrons could not safely consume it because it was not reasonably fit, suitable or safe for its intended purpose."

Reasons it was not safe, according to the document, include: the fact that "the temperature at which the cider was kept was outside the range of specifications, formula or standards of such consumer foods; and/or failed to have adequate warnings on instructions on the lid and container in which it was served; and/or it was created in a negligent matter by being heated beyond the temperature necessary to safely serve it."

The six-count complaint includes counts for negligence and liability. Fragoso is demanding a trial by jury.